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LOUISVILLE & NASHVILLE RAILROAD COMPANY v. ROCHELLE

No. 13213.

252 F.2d 730 (1958)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Appellant, v. Mrs. Josie S. ROCHELLE, Individually and as Administratrix of the Estate of Giles M. Rochelle, Deceased, Appellee.

United States Court of Appeals Sixth Circuit.

February 11, 1958.

Attorney(s) appearing for the Case

John B. Mack, Memphis, Tenn. (Clarence Clifton, Memphis, on the brief; Clifton & Mack, Memphis, Tenn., of counsel), for appellant.

Thomas R. Prewitt, Memphis, Tenn. (Armstrong, McCadden, Allen, Braden & Goodman, Memphis, Tenn., of counsel), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of a railway crossing accident at Green Corner Crossing in Carroll County, Tennessee. Defendant's1 freight train, traveling 40 to 45 miles per hour, collided with the 1949 Plymouth car of plaintiff's decedent, driving across the track. Decedent, a United States rural mail carrier, was on his regular route at his regular time. Defendant's train was over an hour earlier than usual and it did not...

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